양수금
1. The part of the judgment of the court of first instance against the plaintiff corresponding to the money ordered to be paid below shall be revoked.
2...
1. In the first instance trial, the Plaintiff sought payment of the acquisition amount as stated in the following specification of claims against the Defendant. The court of first instance accepted the claim for the credit card claim of the first instance [net 2], and dismissed the claim for the Hyundai Capital Claim of the first instance [net 1].
In this regard, since only the plaintiff appealed against the dismissal part of the claim in the judgment of the court of first instance, the subject of the judgment of this court is limited to the claim for Hyundai Capital Claim (hereinafter referred to as the "claim for Degral Capital Claim") of this court.
2. Facts of recognition;
A. On November 11, 2002, the Defendant joined the Hyundai Card as a member of the Hyundai Card, and the principal of the card loan was 2,491,400 won, Hyundai Card Co., Ltd. transferred the above claim against the Defendant to Hyundai Capital Co., Ltd. on January 27, 2006, and notified the Defendant of the transfer around that time.
B. Hyundai Capital Co., Ltd. filed a lawsuit against the defendant as Seoul Northern District Court 2006Gaso65065, and the above court rendered a judgment on September 26, 2006 that "the defendant shall pay to Hyundai Capital Co., Ltd. 2,727,026 won and 2,491,400 won with interest of 20% per annum from September 24, 2006 to the date of full payment" and the judgment became final and conclusive on October 26 of the same year.
(hereinafter referred to as the “pre-trial judgment”. C.
On November 30, 2012, Hyundai Capital Co., Ltd. transferred the above claim to the Plaintiff (the former trade name before the change: the Credit Counseling and Recovery Fund). On February 26, 2013, the Plaintiff was delegated with the power to notify the assignment of claim from Hyundai Capital Co., Ltd. and notified the Defendant of the assignment of claim.
【Recognition of Fact-finding】 The fact that there is no dispute, Gap evidence 2-1, 3-2, 5-1, 5-2, and the purport of the whole pleadings
3. Determination
A. The Plaintiff, which caused the Plaintiff’s claim, received the credit card loans from Hyundai Capital Co., Ltd. to the Defendant, and the Defendant received the principal amounting to KRW 2,491,400 and May 17, 2017.